Service Level Agreement

Service Level Agreement

Service Level Agreement

The contents of this Service Level Agreement (SLA) are provided by, and in some cases replicated from the legal documentation provided by ServeYourSite upstream providers (data centers, networks and other third party suppliers). It is divided into parts by facility in order to reflect the specific levels of service guaranteed by each location in which customers may be hosted. It is your responsibility to know the physical location of the servers on which your services are being provided.

100% Network Uptime Gaurantee

ServeYourSite guarantees that the network will be available 100% of the time during the billing cycle of a server, excluding scheduled maintenance. Our Network consists of all data center network infrastructure hardware, including routers, switches, and cabling. It does not include the services or software running on the server, nor the server’s hardware. A “Network Downtime” event exists when a particular customer’s server is unable to transmit and receive data to the Internet, caused by the failure of network equipment managed by ServeYourSite.

Customers are not entitled to a credit if the downtime is caused by:

Actions of the Customer or others authorized by Customer to use the Service under the Agreement;

The failure of Third Party Service to the data center network;

Application, software, or operating system failure,

The result of network maintenance activity,

Denial of Service attack, hacker activity, or other malicious event or code targeted against ServeYourSite or an ServeYourSite Customer, or

Failure of any Network or Internet Infrastructure not managed by ServeYourSite or owned by the data center.

All credits must be requested by the customer within 3 days of the reported downtime, and the downtime must be from a single occurrence. Customer must include service type, IP Address, information, and full description of the service interruption including logs, if applicable. All downtimes will be measured from the time the ticket is received and validated by ServeYourSite to the time ServeYourSite, in its sole discretion is able to resolve the issue.

Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears three or more times in the previous twelve months do not qualify for SLA claims. Valid SLA claims will not be credited to the Customer’s accounts until all abuse issues are resolved. Any Customer making false or repetitive claims will incur a onetime charge of $50 per incident for such claims. False or repetitive claims are also a violation of the TOS and may be subject to service suspension. Customers participating in malicious or aggressive internet activities, thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be deemed in violation of the AUP.

One Hour Technical Support/Response Guarantee

Easy Web Presence, Inc. guarantees 24/7 customer support available 365 days in the year for technical support. Technical Support is provided via our Billing and Support ticketing system. A response to each ticket or online contact form inquiry will be given within a maximum one hour of the submission time. In the event that a response is not received within one hour of the submitted ticket, any support fees, if applicable, will be waived. We will make reasonable efforts to provide timely responses to support requests made via phone, email or other communication channels. However the primary support mechanism our customers are expected to use is the online ticket system, which enables all relevant staff to participate and document support actions pertaining to an incident. Billing requests are not covered by this guarantee, and will be addressed during business hours based on staff availability, typically within 24 hours of ticket submission.

Six Hour Hardware Replacement

ServeYourSite guarantees the immediate replacement of failed hardware and hardware components located within our data centers. ServeYourSite guarantees failed hardware components will be replaced within six hours of Customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system, applications, data restores and backups, if applicable. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.

For Hardware not replaced within 6 hours of notification of failure, every additional 4 hours will result in a credit of one day monthly recurring hosting charges, and in no event will Customer receive greater than 100% of monthly recurring payment. Customers must notify ServeYourSite within seven (7) days of hardware replacement if they wish to claim a service credit.

24 Hour Server Setup

ServeYourSite 24 Hour Setup Guarantee only applies to standard, pre-configured Dedicated Servers. This guarantee does not apply to non-standard configurations, such as changing RAID levels, load balancing, clustering, advanced solutions and other add-on features. Custom, made-to-order Dedicated Servers do not apply to this offer. 24 Hour Setup Guarantee does not apply to orders received on the Weekends or Holidays.

For those Covered Servers described above, Secured Servers will Provision such servers within 24 hours of receiving a customer order, once such customer order has been confirmed after any necessary credit or fraud checks have been performed. 24 Hour Setup will mean that, for those customer orders for Covered Servers received and confirmed (including any necessary credit checks) by 6:00 p.m. Arizona time during a Weekday, the Covered Server will be Provisioned by that same time the following Day. Weekday will mean Monday through Friday, excluding weekends, holidays, or any other non-business day. Provision means that ServeYourSite has generated an email to the customer with the proper information to enable the customer to send and receive information from and to the Dedicated Server.

If ServeYourSite is unable to meet the 24 Hour Guarantee as described in section titled “24 Hour Server Setup”, ServeYourSite will issue a 10% credit for the first month’s initial hosting service fees (not hardware or setup fees). Customers must notify ServeYourSite within 7-days of Account Activation if they wish to claim a service credit.

Credits will not be provided to you in the event that you do not have your Covered Server Provisioned by the next Weekday resulting from (i) your behavior or the performance or failure of your equipment, facilities or applications, or (ii) circumstances beyond ServeYourSite reasonable control, including, without limitation, acts of any governmental body, acts of terrorism, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.